Industry News
All U.S. Court of Appeals News
Top stories summarized by our editors
Top stories summarized by our editors

Lawmaker: Proposed fiduciary exemption needs hearing

7/17/2020

In order to promote regulatory efficiencies, the Labor Department should hold a public hearing on its proposed prohibited transaction exemption which replaces the fiduciary rule that was vacated by the U.S. Court of Appeals for the 5th Circuit, said Sen. Patty Murray, D-Wash. The agency should consider including the Securities and Exchange Commission in the hearing "to ensure that both agencies and all affected stakeholders are on the same page," she said in a letter to the acting head of the department's Employee Benefits Security Administration.

Lawmaker urges hearing on proposed fiduciary exemption

7/15/2020

Sen. Patty Murray, D-Wash., has asked the Labor Department
to hold a public hearing on its proposed prohibited transaction exemption and how it will align with the Securities and Exchange Commission's Regulation Best Interest. In a letter to the acting head of the Employee Benefits Security Administration, Murray requested the hearing include the SEC "to ensure that both agencies and all affected stakeholders are on the same page."

FPA: Financial planners treated unfairly under Reg BI

5/26/2020

The Financial Planning Association says the Securities and Exchange Commission's Regulation Best Interest treats financial planners unfairly by allowing broker-dealers to provide investment advice "without registration under the Investment Advisers Act" and the attendant fiduciary duty. FPA made its comments to the U.S. Court of Appeals for the 2nd Circuit in a friend of the court brief filed in support of the case brought by XY Planning Network against Reg BI, and oral arguments have been set for June 2.

TiVo Claims Appeals Court Win Against Comcast

3/2/2020

TiVo is touting a U.S. Appeals Court ruling as a win in its ongoing patent battle with Comcast after the U.S. Court of Appeals for the Federal Circuit affirmed jurisdiction for the International Trade Commission (ITC) to ban Comcast set-tops that it determines have infringed on TiVo patents.

Democrats lose a fight for appeal on ACA mandate

1/30/2020

The US Court of Appeals for the 5th Circuit in an 8-6 ruling refused to reconsider a December decision that established the individual mandate portion of the Affordable Care Act as unconstitutional. The US Supreme Court is currently reviewing whether to take up the challenge, but has refused a Democratic request to expedite the case.

AseraCare ruling: Medical experts' disagreements are not fraud

9/17/2019

A decision on the long-running AseraCare case from the US Court of Appeals Eleventh Circuit affirming a lower court's determination that a reasonable disagreement among medical experts does not amount to falsity under the False Claims Act. The case involved clinical judgments about hospice eligibility.

Mich. governor seeks dismissal of literacy case

5/30/2019

The office of Michigan Gov. Gretchen Whitmer has urged the US Court of Appeals to dismiss a lawsuit aimed at improving education in the state and establishing the right to literacy within the US Constitution. The lawsuit was filed by predecessors to Whitmer's administration, but critics say she ran on a platform supporting the case, which seeks to establish the right of students to learn the basics of literacy.

Court says CFPB single-director structure is legal

5/7/2019

The US Court of Appeals for the 9th Circuit has rejected an argument from a law firm under investigation by the Consumer Financial Protection Bureau that the bureau's single-director structure is unconstitutional. Citing Supreme Court precedents involving the Federal Trade Commission, Circuit Judge Paul Watford wrote that like the FTC, "the CFPB exercises quasi-legislative and quasi-judicial powers, and Congress could therefore seek to ensure that the agency discharges those responsibilities independently of the president's will."

Ban on bump stocks for firearms is upheld by appeals court

4/2/2019

The US Court of Appeals for the District of Columbia Circuit has affirmed a lower court's decision upholding a federal ban on bump stocks, which allow semiautomatic guns to fire more rapidly. The plaintiffs plan to ask the Supreme Court to stay the ban.